Upgrad LLM

marriage certificate rules


Hello,

  I am an NRI and i got married recently and my wife is from Uttar Pradesh and i am native of Tamilnadu. When i went to register at the subregistrar office, virugambakkam i was denied marriage certiificate by the officials stating that the 3rd witness must be from the bride side, and this was a court order. I would like to know where is such a rule listed or i like to see that court order.

  Since i had a flight on sunday and we went on friday they told us to come on monday despite the requests. Basically we had 3 witnesses all the documents including wedding photos, receipt etc which they requested we produced. However, there is no such requirements. I would like to learn about the authority of subregistrar to enforce a requirement on the fly. 

  This has resulted in setback for me as my wife would have to wait until next year when i arrive to get any visa process done as there is no MC.

 

Thank you for any help and suggestions.

 
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subregistrar/supdt.(retired)

There is a rule that three (3) witnesees should be signed. but there is no rule that one is from bride side or groom side. one more point is, some executive instructions be issued by HOD due to legal complications or administrative/other reasons. so please check the website of tnregistrations or put a representation before the higher authorities of the registration department.

 
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Special Marriage Act , 1954

Under Section 11 in The Special Marriage Act, 1954
 Declaration by parties and witnesses.— Before the marriage is solemnized the parties and three witnesses shall, in the presence of the Marriage Officer, sign a declaration in the form specified in the Third Schedule to this Act, and the declaration shall be countersigned by the Marriage Officer.

So according to this the requirement is that there must be three witnesses and there is no specific requirement as mentioned in your case

 

 
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